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Legislation #: 981373 Introduction Date: 11/23/1998
Type: Ordinance Effective Date: 1/8/1999
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances, by repealing Section 2-1652, Minimum prequalification requirements on city construction contracts, and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
11/23/1998

Prepare to Introduce

11/23/1998

Referred City Operations Committee

12/9/1998

Do Pass

12/10/1998

Assigned to Third Read Calendar

12/17/1998

Re-Referred City Operations Committee

12/21/1998

Do Pass as a Committee Substitute

12/21/1998

Assigned to Third Read Calendar

12/29/1998

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 981373

 

Amending Chapter 2, Code of Ordinances, by repealing Section 2-1652, Minimum prequalification requirements on city construction contracts, and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-1652, Minimum prequalification requirements on city construction contracts, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 2-1652. Prequalification and bid requirements for city construction contracts.

 

(a) No City contract for the construction of a public work, in an amount greater than $35,000.00 shall be awarded to any contractor not prequalified to bid as provided herein. The term construction of a public work, as used herein, shall mean construction, reconstruction, improvement, enlargement, alteration, painting and decorating, or repair of any fixed work constructed for public use or benefit or paid for wholly or in part out of public funds, and which fixed work shall include any building, road, street, public utility or other public facility owned by the city.

 

(1) A minimum of four (4) times annually, the city shall conduct a prequalification workshop to instruct potential bidders about the standard procedures and requirements of city construction projects.

 

(2) Any contractor, or employee of a contractor, who attends a prequalification workshop will be issued a prequalification certificate. The certificate shall be issued in the name of the contractor and its employee who attended the prequalification workshop, and will be valid for two (2) years following the date of the workshop. The term employee shall include the contractor, if self-employed.

 

(3) A contractor shall be presumed to be prequalified to bid if, at the time the bid is opened, a copy of a valid prequalification certificate issued in the name of the contractor and one of its current employees is enclosed with the bid.

 

(b) All bids for the construction of a public work shall be subject to the requirements of Section 2-1642, Code of Ordinances. No bid for the construction of a public work shall be opened and read unless an affidavit executed by the bidder is affixed to the outside of the sealed bid envelope, which shall attest to each of the following:

 

(1) That the following listed items are included in the bid documents:

 

a. Bid security of the type and in the amount required in the bid documents;

 


b. A copy of an insurance certificate from an insurance company licensed to do business in Missouri, or the state in which the bidder has its principal office, showing that the bidder is insured for general, automobile, and employers and workers' compensation liability;

 

c. For a corporation, a copy of a certificate from the Missouri Secretary of State or from the state in which it is incorporated, dated no more than three (3) months before bid opening, showing that it is currently in good standing; or for any business entity which is not a corporation and not doing business in the name of the proprietor, a copy of its fictitious name registration from the Missouri Secretary of State;

 

d. The bidders federal employer identification number;

 

e. Either of the following from the Kansas City, Missouri Human Relations Department:

 

1. A copy of a certificate of affirmative action compliance, or

 

2. An affirmative action program submission; and

 

f. For the two years immediately preceding the date of the bid, either

 

1. A statement listing any written notices of violations of the Davis- Bacon Act (40 U.S.C. Sec. 276a et seq.) received from the United States Department of Labor, of the Missouri Prevailing Wages on Public Works Act (R.S.Mo. Sec. 290.210 et seq.) received from the Department of Labor and Industrial Relations, and of any similar statute of the state in which the bidder has its principal office received from that state, and also listing all contracts on which penalties for the above-referenced statutes were assessed against the bidder or paid by the bidder to the United States, to Missouri or any of its political subdivisions, or to the state in which the bidder has its principal office, or

 

2. A statement that there have been no such written notices of violations

or such penalties.

 

(2) That the following additional listed items are included in the bid documents, unless not required for the reason as stated:

 

a. A copy of a valid prequalification certificate issued in the name of the bidder and one of its current employees (unless not required by subsection (a) of this section); and

 

b. An affidavit of intended utilization in accordance with the Kansas City, Missouri Human Relation Department Forms & Instructions, listing subcontractors proposed to be used by the bidder to meet any MBE and WBE goals stated in the bid documents (unless not required by Chapter 38, Article II, Division 3, Code of Ordinances).

 

(3) That the bidder will provide a subcontractor utilization plan or a request for waiver of the contract goals within the time frame stated in Chapter 38, Article II, Division 3, Code of Ordinances.

 

(4) That the bidder will provide evidence, including references, showing the bidders experience in construction contracts and that it is qualified to perform the work, either within the time frames stated in the bid documents or within ten (10) days after request by the city.

 

(5) That the bidder is current on payment of its

 

a. Federal income tax withholding, and

 

b. State income tax withholding and unemployment insurance payments, either in Missouri for companies doing business in Missouri, or in the state in which bidder has its principal office.

 

(6) That if provided with written notice of intent to contract by the city, the bidder will furnish the following to the city, within the time frames stated in the bid documents or within ten (10) days after request by the city:

 

a. Bonds and insurance certificates as required in the bid documents;

 

b. Copies of all licenses and permits required by the city to do the work;

 

c. For foreign corporations, a copy of a certificate of good standing from the Missouri Secretary of State, dated no more than three (3) months before the date furnished to the city (if not previously provided with the bid documents, pursuant to subsection (b)(1)c);

 

d. Evidence, dated not more than sixty (60) days before written notice of intent to contract by the city, that it is in compliance with the license and tax ordinances administered by the Citys Revenue Division of the Finance Department, including but not limited to, city business license and earnings taxes.

e. A copy of its certificate of compliance from the Kansas City, Missouri Human Relations Department certifying affirmative action compliance with chapter 38, article II, division 3, Code of Ordinances.

 

(7) That before any subcontractor begins work, the bidder will obtain the following documentation from the subcontractor, which the bidder will retain in its contract files in accordance with the contract requirements:

 

a. A copy of its certificate of corporate good standing or copy of its fictitious name registration from the Missouri Secretary of State;

 

b. Copies of all licenses required by the contract documents;

 

c. Evidence that it has in force general, automobile, and employers and workers compensation liability insurance in the amounts required by the contract documents;

 

d. Evidence, which may be a copy of its most recent quarterly contribution and wage report, that it is a participant in the Missouri unemployment compensation fund;

 

e. A copy of its certificate of compliance from the Kansas City, Missouri Human Relations Department certifying affirmative action compliance with chapter 38, article II, division 3, Code of Ordinances;

 

f. Evidence, dated not more than sixty (60) days before performing any work, that it is in compliance with the license and tax ordinances administered by the Citys Revenue Division of the Finance Department, including but not limited to, city business license and earnings taxes; and

 

g. For the two years immediately preceding the date of the bid, either

 

1. A statement listing any written notices of violations of the Davis- Bacon Act (40 U.S.C. Sec. 276a et seq.) received from the United States Department of Labor, of the Missouri Prevailing Wages on Public Works Act (R.S.Mo. Sec. 290.210 et seq.) received from the Department of Labor and Industrial Relations, and of any similar statute of the state in which the subcontractor has its principal office received from that state, and also listing all contracts on which penalties for the above-referenced statutes were assessed against the subcontractor or paid by the subcontractor to the United States, to Missouri or any of its political subdivisions, or to the state in which the subcontractor has its principal office, or

 

2. A statement that there have been no such written notices of violations

or such penalties.

 

(8) That the bid contains no modifications, deviations, riders or qualifications.

 

(9) That any manufactured goods or commodities to be used or supplied in performance of the contract shall be manufactured, assembled or produced in the United States, unless excepted by the provisions of the contract documents or of the Missouri Domestic Product Procurement Act (R.S.Mo. Sec. 34.350 et seq.).

 

(10) That neither the bid nor the computations upon which it is based include any amount of monies, estimate or allowance representing wages, monies or expenses, however designated, proposed to be paid to persons who are not required to furnish materials or actually perform a commercially useful function, as determined by factors listed in Code of Ordinances, Section 38-84, upon or as a part of the proposed project.

 

(11) That the bid is made with full understanding of the terms of the bid and the contract documents and the signer of the bid is duly authorized by the bidder to submit the bid.

 

(c) Pursuant to Section 2-1642(b), Code of Ordinances, any bid failing to include the bid security at the time the bid is opened shall be deemed nonresponsive and will not be considered. Except as herein provided, any bid that fails to include all other items listed in subsection (b)(1) and any required items listed in subsection (b)(2) of this section shall be deemed nonresponsive and will not be considered. The director of the department receiving a bid, or the Board of Parks and Recreation Commissioners, if the recipient of the bid, may allow a bidder to correct no more than two inadvertent omissions from the items listed in subsections (b)(1)b through (b)(2)b of this section. Such correction shall be made by no later than 5:00 p.m. of the second business day following the bid opening.

 

(d) The city manager shall promulgate forms, including a Kansas City, Missouri Bidders Affidavit, and may adopt regulations, with the advice and consent of the city council, to implement the provisions of this section.

 

(e) The director of the city department soliciting bids may impose additional prequalification requirements with the approval of the city manager and consent of the city council.

 

(f) If the director of the city department receiving a bid, or the Board of Parks and Recreation Commissioners, if the recipient of the bid, finds that a bidder has intentionally submitted a false Kansas City, Missouri Bidders Affidavit, or any other affidavit required under the provisions of this section, such bidder may be disqualified from bidding for any contract for the construction of a public work for a period of up to one (1) year. A bidder disqualified under this subsection for intentionally submitting a false affidavit may apply to the city manager for review, within fifteen (15) days after receiving written notice of the finding. Upon review, the city manager may affirm, reverse or modify the finding of disqualification.

 

Section 2. This ordinance will become effective sixty (60) days after passage.

 

_________________________________________________________

 

Approved as to form and legality:

 

 

 

________________________________

Assistant City Attorney